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Private Schadensgestaltung als Drittbelastung.
Paul van Odijk
2022
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The thesis examines the question of the extent to which premiums, contractual and association penalties constitute compensable damages or inadmissible legal transactions to the detriment of third parties. Based on the proposal developed for dealing with third party burdens, the private damage arrangements present themselves as disproportionate legal transactions to the detriment of third parties. As a result, they are relatively ineffective and therefore do not represent a compensable damage.
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Keywords
- Central Europe
- Civil codes / Civil law
- Civil procedure, litigation & dispute resolution
- Civil remedies
- Damages & compensation
- Europe
- Geographical Qualifiers
- Germany
- Jurisprudence & general issues
- Law
- Laws of Specific jurisdictions
- Legal system: general
- Privatautonomie
- Rechtsgeschäfte zu Lasten Dritter
- Schadensrecht
- Systems of law